S.Vijayan v. The Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2025
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN S.Vijayan .. Petitioner -vs1. The Executive Engineer, Zone-VII, Greater Chennai Corporation, No.536, Chennai Thiruvalluvar Highway Road, Ambattur, Chennai 600 053.
2. The Assistant Executive Engineer, Unit-20, Zone-VII, Greater Chennai Corporation, No.536, Chennai Thiruvalluvar Highway Road, Ambattur, Chennai 600 053.
3. The Junior Engineer, Division-90, Zone-VII, Greater Chennai Corporation, No.536, Chennai Thiruvalluvar Highway Road, Ambattur, Chennai 600 053.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents not to take any coercive steps until disposal of the representation dated
18.08.2025 and consequently direct the respondents to allow the petitioner to submit a plan under the Cottage Industries Act as per the representation dated 18.08.2025.
For Petitioner :
Mr.D.S.Rajasekaran for Mr.K.Siva Subramanian For Respondents :
Mr.D.B.R.Prabhu Standing Counsel * * * * *
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The de-occupation notice issued by the respondents on 06.05.2025 is subjected to challenge on the ground that though belatedly the petitioner has submitted a revised application under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971, as provided under Section 56(3) of the said Act, the same is not likely to be considered and he may suffer the consequences of de-occupation notice.
2. We find that the petitioner has chosen to file the application in terms of Section 56(3) of the said Act only on 18.08.2025, though the
de-occupation notice was issued wayback on 06.05.2025. It is submitted that as the de-occupation notice has already been issued, now the respondents are refusing to accept the petitioner's application.
3. We are of the view that all these matters constitute a ground to challenge the de-occupation notice issued by the respondents, against which there is a remedy of filing a statutory revision under Section 80-A of the Act.
Therefore, we are not inclined to entertain this petition and dismiss the same with liberty to the petitioner to approach the appropriate revisional authority for filing the revision petition. There shall be no order as to costs.
(MANINDRA MOHAN SHRIVASTAVA, CJ.)(SUNDER MOHAN, J.) 20.08.2025 Index : Yes/No : Yes/No sra
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.
(sra) To
1. The Executive Engineer, Zone-VII, Greater Chennai Corporation, No.536, Chennai Thiruvalluvar Highway Road, Ambattur, Chennai 600 053.
2. The Assistant Executive Engineer, Unit-20, Zone-VII, Greater Chennai Corporation, No.536, Chennai Thiruvalluvar Highway Road, Ambattur, Chennai 600 053.
3. The Junior Engineer, Division-90, Zone-VII, Greater Chennai Corporation, No.536, Chennai Thiruvalluvar Highway Road, Ambattur, Chennai 600 053.
20.08.2025